Citation Nr: 0634209
Decision Date: 11/06/06 Archive Date: 11/16/06
DOCKET NO. 04-18 467 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Cleveland,
Ohio
THE ISSUE
Entitlement to service connection for post-traumatic stress
disorder (PTSD).
REPRESENTATION
Veteran represented by: AMVETS
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
L.J. Bakke, Counsel
INTRODUCTION
The veteran served on active duty from September 1967 to
September 1969.
This appeal arises before the Board of Veterans' Appeals
(Board) from rating decision rendered in August 2003 by the
Department of Veterans Affairs (VA) Regional Office (RO).
The veteran testified before the undersigned Veterans Law
Judge in July 2006. A transcript of the hearing has been
made and is associated with the claims file
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The veteran seeks entitlement to service connection for PTSD.
VA outpatient treatment records reflect that he is diagnosed
with PTSD. Specifically, a psychology assessment dated in
December 2003, conducted with clinical tests, reflects
diagnoses of dysthymic disorder and chronic PTSD in AXIS I.
The examiner commented that the veteran met the diagnostic
criteria for PTSD and was exposed to significant traumatic
events while in Vietnam, which he re-experiences in
nightmares and recurrent, distressing thoughts. The examiner
noted the veteran's medical records had been reviewed.
However, the veteran's stressors have not been verified.
Service personnel records reflect that the veteran was
assigned to the 174th Ordnance Detachment from October 1968
to September 1969, and that his military occupational
specialty was as an ammunition renovation helper, 55A10.
These records further show that he held MOSs as an ammunition
specialist and a field radio mechanic. The veteran testified
before the undersigned Veterans Law Judge that the duty of
his unit was to store, renovate, and distribute ammunition.
The veteran testified that while he and others of his
company, stored and guarded ammunition on the compound, they
also distributed the ammunition to remote sites as directed.
He stated that he and his fellow soldiers were subject to
enemy rocket and mortar attacks on the compound, where the
enemy would try to blow up the ammunition depot, and also to
ambush and sniper attacks while traveling to replenish remote
sites.
Where there is no manifest evidence of combat related events
from the veteran's service records, attempt to corroborate
the stressor is necessary. Moreover, the U.S. Court of
Appeals for Veterans Claims has indicated that exposure to a
rocket or mortar attack at a large base in Vietnam may be a
sufficient PTSD stressor, and a veteran's claimed personal
exposure to the attack will be satisfactorily corroborated by
his presence with his unit which was known to be generally
exposed to the attack. See Pentecost v. Principi, 16 Vet.
App. 124 (2002). The RO has not had the opportunity to
verify the veteran's claims stressors in the context of
Pentecost.
In view of the foregoing, this appeal is REMANDED to the RO
via the AMC for the following action:
1. Obtain the veteran's entire service
personnel record file, to include copies
of evaluation reports, citations of any
and all awards or commendations, and
orders.
If any records are unavailable, use
alternative sources to obtain such
records, using the information of record
and any additional information the
veteran may provide. In addition, use
any and all methods of reconstruction of
service records used in fire-related
cases, if necessary, and consider special
follow-up by the military records
specialist and/or referral of the case
for a formal finding on the
unavailability of these records. See
VBA's ADJUDICATION PROCEDURE MANUAL, M21-
1 Part III, chapter 4, paras. 4.28 and
4.29.
Perform any and all follow-up indicated.
2. Obtain from National Archives and
Records Administration (NARA) and/or any
other agency deemed appropriate unit
histories, morning reports, and operating
reports/lessons learned (OR/LL) for the
174th Ordnance Detachment for the
following periods of time:
* October to December 1968
* January to March 1969
* April to June 1969
* July to September 1969.
If records for the 174th Ordnance
Detachment cannot be located, check under
the unit's parent commands. Internet
records confirm that the 174th was
attached to the 191st Ordnance Battalion.
It is possible the 174th was also
attached to the 606th Ordnance Company,
which was also attached to the 191st
Ordnance Battalion.
Perform any and all follow-up indicated.
3. After undertaking any other
development deemed necessary in the
present case, in addition to that
specified above, re-adjudicate the
veteran's claim for service connection
for PTSD, including consideration of
Pentecost, supra. If any benefit sought
on appeal remains denied, the veteran
should be provided a Supplemental
Statement of the Case. The SSOC must
notify the veteran of all relevant
actions taken on his claim for benefits,
and summarize the evidence and discussion
of all pertinent regulations. Allow an
appropriate period of time for response.
The case should thereafter be returned to the Board for
further review, as appropriate. The veteran need take no
action until he is so informed. The veteran has the right to
submit additional evidence and argument on the matter or
matters the Board has remanded. Kutscherousky v. West, 12
Vet. App. 369 (1999). The Board intimates no opinion as to
the ultimate outcome of this case.
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2005).
_________________________________________________
CHERYL L. MASON
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006
).